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Town Council Resolution 15 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 15, SERIES OF 2010 A RESOLUTION AMENDING RESOLUTION NO. 39, SERIES OF 2006, CONCERNING THE RODEO PLACE SUBDIVISION. WHEREAS, the Housing Department on behalf of the Town of Snowmass Village ("Applicant"), submitted a land use application for the Rodeo Place Subdivision on July 14, 2006 that contained twenty-five (25) lots with twenty-nine (29) affordable housing units on approximately 8.5 acres within Tract A of the Entryway Subdivision; and WHEREAS, the Rodeo Place Subdivision was approved by Town Council Resolution No. 39, Series of 2006 (Resolution 39"); and WHEREAS, the recorded subdivision plat created twenty-four (24) lots of which Lots 2 and 3 were duplex lots and Lot 1 was identified as a triplex lot; and WHEREAS, Lots 5-24 were intended for single family residences and Lot 4 was approved to be platted as a lot and "utilized as a neighborhood park/tot lot or other approved use"; and WHEREAS, the Applicant is requesting approval to amend Resolution 39 to enable Lot 1 to contain two (2) duplexes and for Lot 4 to be re -platted include a portion of "Open Space A" so as to be increased in size from 3,323 square feet to 5,051 square feet and permitted for the construction of a two (2) bedroom single family residence; and WHEREAS, the Applicant further requests approval to: 1) correct inconsistencies in lot numbering between Resolution 39 and the recorded plat; 2) remove the requirement for a central trash facility; 3) modify the maximum floor area limits for Lots 21-24; and 4; permit limited off street parking within the setback areas, as specifically set forth below; and WHEREAS, to achieve the purposes of the Entryway Master Plan, the application addressed the land use requirements for Subdivision as set forth in Snowmass Village Municipal Code ("Municipal Code"), Section 16A-5-400; and WHEREAS, the public hearing notice was published in the Snowmass Sun on February 10, 2010 for the Town Council meeting on March 15, 2010 to hear a presentation of the proposal by the Applicant, consider Town staff recommendations and receive public comments as part of the application review; and WHEREAS, the Town Council then continued this item to April 5, 2010; and WHEREAS, the application was reviewed and processed in accordance with the provisions outlined in Sections 16A-5-450 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: TC Reso 10-15 Page 2 Section One: General Findings. Snowmass Village Town Council finds that: 1) The submission requirements for the application were adequately provided pursuant to Sections 16A-5-40 and 16A -5-450(2)(b) of the Municipal Code and included written and graphic materials in sufficient detail to deem the application complete for review. 2) Except as noted in Section Two below, the proposed application qualifies as a `Minor Amendment' pursuant to Code Section 16A -5-450(1)(b) of the Municipal Code and the amendment satisfactorily complies with the review standards outlined below per Section 16A-5-450(3) of the Municipal Code as follows: a) The proposed amendment is consistent with, or an enhancement of, the original PUD approval; b) The proposed amendment does not have a substantially adverse effect on the neighborhood surrounding the land where the amendment is proposed, nor has a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property; c) The proposed amendment would not change the basic character of the PUD or surrounding areas; and d) The proposed amendment acceptably complies with the other applicable stan- dards for review of a subdivision application as specified above. Section Two: Specific Findings. The Town Council considered whether to permit the re - platting Lot 4 to include a portion of "Open Space A" by extending the parcel boundary into the ditch easement. It was determined that the inclusion of a portion of the ditch easement should not occur based upon the following: Although increasing the lot size from 3,323 square feet to 5,051 square feet will enable the construction of a two (2) bedroom single family residence, the need to retain the existing building envelope limits the design of the residence presented such that the re -platting is unwarranted at this time. 2. Conveying Lot 4 would include a restriction within the drainage easement portion of the parcel limiting planting and restricting the placement of improvements in any way that could affect the maintenance, operation, repair, alteration or replacement of drainage facilities within the easement. It was felt that private ownership of that portion of the ditch easement could be problematic in the future. Section Three: Amending Resolution No. 39. The Town Council hereby approves the following clarifications and/or amendments to Town Council Resolution No. 39, Series of 2006, as follows: 1. The Rodeo Place Subdivision, as recorded, contained twenty-four (24) lots. TC Reso 10-15 Page 3 2. Section Three, Paragraph B(1), Maximum Height, is hereby amended to read as follows: 1. Maximum Height: 28 feet (Lots 1-3) from existing or finished grade whichever is most restrictive. 28 feet (Lots 5-12; and Lots 23-24) from existing or finished grade whichever is most restrictive. 28 feet (Lots 13-22)- from finished grade due to fill conditions. 3. Section Three, Paragraph B(2), Maximum FAR, is hereby amended to read as follows: 2. Maximum FAR: Lots 1-3 and 5-20: 3,000 square feet/unit total (0.75 Not Applicable) 2,100 square feet (above grade) 1,250 square feet (below grade) Lots 21-24: 3,000 square feet/unit total (0.75 Not Applicable) Buildings limited to 2 levels including basements 4. Section Three, Paragraph C, Subdivision Layout, is hereby amended to read as follows: C. Subdivision Layout: The overall subdivision layout that includes the roads, alleys and residential lots shall be as follows: 1. The subdivision shall contain a maximum of twenty-four (24) lots. 2. Lot 1 may be platted as part of the overall subdivision, yet it shall remain undeveloped at this time or until more site-specific geotechnical and architectural plans are submitted and approved by Town Council. 3. Lots 3, 4, 5,13,14, 23, 24 and 25 could interfere with storm flows and therefore, they shall remain configured so the lot lines do not go to the centerline of the drainage easement. 4. Lots 23 and 24 shall be reoriented in an east/west direction so the garages are accessed via the rear alley and not the public street. 5. Section Three, Paragraph D(1) is hereby amended to delete the phrase: "within a central trash enclosure". 6. Section Three, Paragraph D(2), Geologic Hazard Areas, is hereby amended to read as follows: TC Reso 10-15 Page 4 2. Section 16A-4-50, Geologic hazard areas, steep slope and ridgeline protection areas: based on the information presented and the site visit, Lots 2 and 3 shall be developed as duplex lots. Lot 1 shall be platted and may be developed as two (2) duplex units subject to the terms and conditions of Ordinance No. 7, Series of 2010. 7. Section Three, Paragraph D(4), Water supply, sewage disposal, solid waste disposal and utilities, is hereby amended to read as follows: 4. Section 16A-4-230, Water supply, sewage disposal, solid waste disposal and utilities: Trash collection shall be curb side at each individual residence. 8. Section Three, Paragraph D(6), Off-street parking standards, is hereby amended to add the following: Required off-street parking shall be permitted in front yard setbacks in driveway areas in front of garage doors as long as the entirety of the parking space is contained within the boundary of the property and a minimum 10' separation is maintained between the back of curb at the right of way and the parking space. Required off-street parking shall be permitted in rear yard setbacks with the following restrictions: - Nose in spaces: provide a minimum 4' separation to the rear property line. - Parallel spaces: the entire space shall be contained within the property line. 9. Section Three, Paragraph D(9), Building design guidelines, is hereby amended to read as follows: 9. Section 16A-4-340, Building design guidelines to preserve community character: All buildings and structures will have a western -heritage ranching theme with rustic, durable materials. Houses on Lots 5-9 shall generally be one-story in height with the dominant ridgelines running in a north/south direction; garages shall be oriented to the street and setback behind the front fagade of the home to minimize their impacts on The Crossings. Two-story houses are appropriate on Lots 11-25. Section Four: Amending Rodeo Place Subdivision Plat. The Town Council hereby approves the following amendments to the Rodeo Place Subdivision, as recorded on August 1, 2007 in Plat Book 84 at Page 70 as Reception No. 540522 in the records of the Pitkin County Clerk and Recorder, as follows: Lot 1 shall be re -designated from "TRIPLEX LOT" to "FOURPLEX LOT". Section Five: Conditions. Town Council approves the amendments subject to the following conditions: TC Reso 10-15 Page 5 The Applicant shall complete, before the subject "Minor Amendment Plat for Lot 1, Rodeo Place" is placed of record, all actions or matters that in the opinion of the Town Planning Director or Town Attorney are necessary to satisfy or dispense with the requirements of the Municipal Code. Should problems arise that cannot properly be resolved at the administrative level, they will be presented to Town Council for direction. 2. Upon resolution of the outstanding technical comments, three executed mylars for the subdivision exemption shall be submitted to the Planning Department within thirty (30) days of the date of administrative approval of the plat. 3. The Planning Director shall review the plat to ensure it complies with the terms and conditions of approval and obtain signatures for all of the applicable plat certificates. 4. The Applicant shall thereafter cause the plat to be recorded, at the Applicant's expense, in the records of the Pitkin County Clerk and Recorder's Office. Section Six: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. INTRODUCED, READ AND APPROVED on the motion of Council Member Lewis and the second of Council Member Wilkinson, by a vote of 3 in favor and 0 opposed, on this 5th day of April, 2010. Mayor Boineau and Council Member Mordkin were absent. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL BilT Boineau, Mayor • •.Oxon, APPW S TO FORM: John bresser, Town Attorney Exhibit "A" TC Resolution No. 15, Series of 2010 (Page 1 of 2) MINOR AMENDMENT PLAT LOTS 1, 4 AND OPEN SPACE A, RODEO PLACE, TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO \A1•tE rJ A MErV T \ OF 1.OT 14 _ �-BRONCD COUR1• PARM r so,= RABCB GRAPHIC SCALE �alei PARCOL L 110 S X"CB OPIN SPA ff A iii k n L,�TI P*1 r= rn e Tb 'Rf-AD 1, . el "FOLARfLey, Lar i c • X14 // \�\ lora \ \ X / LOT 10 LOr lO MUM mum WISM � l/ah�li'»li1L�Q.ra t MMEfeS•371�[���-iN[�� Exhibit "A" TC Resolution No. 15, Series of 2010 (Page 2 of 2) � o L(rr'l I c 4 jL JI IHI ti DUD U —�' h - a ii L[u, j